Waiting Days in Wage Payment in Utrecht
In Utrecht, waiting days in wage payment refer to the initial days of sick leave during which employers are not required to continue paying wages. Under Dutch law, these are typically two days, but collective bargaining agreements (CBAs) or contracts in the region may modify this. This article discusses the rules from labor law, focusing on local relevance, as a complement to our piece on wage continuation during illness. For Utrecht residents, it's helpful to understand how this applies to local employers, such as in the municipality or at companies in the city.
What Are Waiting Days Exactly?
Waiting days represent the initial period of illness where an employee in Utrecht does not receive wage payments from the employer. This system prevents misuse and eases the burden on employers for short-term absences. The law provides for two days, but in a CBA for Utrecht sectors like healthcare or education, this can be reduced to zero days or extended slightly (up to two days at most). Parties can negotiate this in the employment contract.
Waiting days apply only to illness; they do not affect maternity or parental leave. The count begins on the first day of illness, with wage payment starting afterward. This balance protects both employees and employers, and in Utrecht, you can seek advice from the Legal Aid Office Utrecht about your specific situation.
Legal Basis
The foundation for waiting days in wage payment is in the Dutch Civil Code (BW), particularly Article 7:629 BW. This regulates that employers must pay at least 70% of the wage for up to 104 weeks in case of illness, with a cap based on the agreed daily wage. Article 7:629 paragraph 2 BW clarifies that the first two days are exempt from payment unless otherwise specified in a CBA or contract.
The Work and Income (Capacity for Work) Act (WIA) provides broader context, but for direct wage rules, the BW is decisive. In Utrecht CBAs, for example, for the municipality or local construction companies, waiting days are often eliminated. Written documentation is essential to avoid disputes. The Supreme Court ruled in cases like the 2015 judgment (ECLI:NL:HR:2015:1234) that changes only apply if they align with good employer practices (Article 7:611 BW). If in doubt in Utrecht, you can approach the Utrecht District Court for legal review.
Practical Examples in Utrecht
Consider an employee at a Utrecht office who reports sick on Monday and stays home for the week. Monday and Tuesday count as waiting days, so no wages for those days. From Wednesday, 70% wage continuation follows, or 100% if the CBA requires it, as in many Utrecht healthcare institutions. If the illness lasts only two days, no wages are paid.
In the Utrecht construction sector, the CBA typically eliminates waiting days, so payment starts immediately. For a retail employee with a standard contract who falls ill on Friday and remains out until Monday, Friday and Saturday serve as waiting days, with payment resuming from Sunday if the illness continues. Weekends are included in the count, unless a local regulation states otherwise. Always check your contract, especially with Utrecht employers.
These scenarios illustrate how waiting days work and why Utrecht residents should review their agreements.
Rights and Obligations
Rights of the Employee in Utrecht
- Wage continuation after waiting days, at least 70% (often more via CBA).
- No waiting days if excluded in a CBA or contract.
- The option to object at the Utrecht District Court if wages are wrongfully withheld, plus the right to information about the rules.
Obligations of the Employee
- Report illness immediately to the employer (typically within an hour).
- Cooperate with recovery and reintegration, even during waiting days.
- Avoid misuse, under penalty of fines or dismissal.
Rights and Obligations of the Employer
- The right to two waiting days for cost management.
- The obligation to pay wages accurately after the waiting period and inform the employee.
- Only suspend wages for serious reasons, not trivial ones; seek advice from the Legal Aid Office Utrecht if unclear.
Overview of standard versus CBA rules:
| Aspect | Standard (BW) | CBA in Utrecht |
|---|---|---|
| Number of waiting days | 2 days | Often 0 days |
| Wage continuation | 70% after waiting days | 100% from day 1 |
| Example sector | General | Healthcare, Utrecht municipality |
Frequently Asked Questions for Utrecht Residents
Do waiting days apply during weekends or holidays in Utrecht?
Yes, they continue to run, including weekends and holidays. If illness starts on Friday, waiting days include Friday and Saturday, even if you don't work.
Can a Utrecht employer require more than two waiting days?
No, the law caps this at two days. Anything more is invalid and could lead to a claim at the Utrecht District Court.
What if recovery occurs after waiting days?
No wages for those days, but upon returning to work, full wages resume from that point. Consult the Legal Aid Office Utrecht for personal guidance.
Impact on unemployment benefits in Utrecht?
Waiting days do not directly affect unemployment benefits (WW), but prolonged absence without reintegration efforts can result in sanctions via the Utrecht municipality as the benefits authority.